Ok I have a legal question.?

Question

My friend is being charged with assault. But I want to know if these conditions will factor in. The person charging her was beating up a guy, and the person pressing charges is a girl, and the guy didn't want to fight back because more people would have jumped in. So my friend decided to take a 40 oz bottle and smash it over the girls head. The girl that she attacked has jumped her before. The girl has a history of violence. This girl is charging my friend for assault with a weapon.

Is there a strong liklihood she will be found guilty? If so will she go to prison? How long? Also i was told that she's not allowed to have contact with me, order of her lawyer.  Is this a good sign that she might be getting a deal?

trooper3316 · Accepted Answer

When you defend yourself or someone else, you are only allowed to use reasonable force equal to the force encountered. Because the girl was not using a weapon, the defense can not use a weapon. 

A bottle is a weapon, and smashing that bottle over her head is excessive.

The fact she was hitting someone else can result in charges against her, but still does not justify the use of the bottle.

lilborikua · Answer

Your friend will get in trouble (guilty), but so can the other girl if the guy speaks up. This will help your friend a bit because she wasn't directly assaulting that bully chick.  Tell that guy to speak up too.

Buzz - Darwindidit · Answer

She won't probably go to prison. Maybe a fine or a lawsuit... The bottle is considered a weapon but if you somehow manage to find eye witnesses then it might be better for her.

Anonymous · Answer

She'll be convicted, but she'll only get probation.

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Ok I have a legal question.?

4 Answers